Legal Disclaimer: This article provides general legal information about the Uniform Code of Military Justice. It is not legal advice and does not create an attorney-client relationship. Every case involves unique facts and circumstances. If you are facing charges under the UCMJ, consult with a qualified military defense attorney immediately.
Both Article 131 and Article 131b address lying under oath, but they involve different actors. Article 131 Perjury punishes the person who actually makes the false sworn statement. Article 131b Subornation of Perjury punishes the person who causes or induces another to commit perjury. One lies; the other makes someone else lie. Understanding this distinction matters because the mastermind behind false testimony faces criminal liability even without personally testifying.
The Actor Distinction
Article 131 Perjury applies to:
The witness who testifies falsely under oath
The person who makes the false statement
The individual actually giving testimony
Article 131b Subornation applies to:
The person who induces, procures, or causes perjury
The manipulator behind the scenes
Someone who convinces or pressures a witness to lie
The suborner doesn’t testify; they cause someone else to testify falsely.
Different Roles, Same Harm
Both offenses harm the justice system:
Perjury corrupts proceedings through false testimony directly.
Subornation corrupts proceedings by creating the false testimony.
The suborner may be more culpable because they manipulate both the witness and the proceeding.
Article 131: Perjury Elements
Perjury requires:
Lawful oath. A proper oath administered by authorized person.
Competent proceeding. Court-martial, hearing, investigation, or similar.
False statement. The witness said something untrue.
Knowledge of falsity. The witness knew it was false.
Materiality. The lie was relevant to the proceeding.
The perjurer is the person who actually testifies falsely under oath.
Article 131b: Subornation Elements
Subornation requires:
Inducing or procuring. Causing, convincing, or persuading someone to commit perjury.
Another person. The suborner acts through a third party.
To commit perjury. The induced testimony must meet all perjury elements.
Successful inducement. The perjury must actually be committed.
The suborner is guilty of causing the perjury, not of the testimony itself.
The Relationship Between Offenses
These offenses are complementary:
When perjury occurs, the witness commits Article 131 perjury.
If someone induced it, that person commits Article 131b subornation.
Both can be charged for the same false testimony: the witness for lying, the suborner for causing the lie.
They often occur together because perjury is frequently induced by interested parties.
Typical Fact Patterns
Clear perjury (Article 131):
At a court-martial, a witness testifies under oath that she didn’t see the accused strike the victim. She actually witnessed the entire assault. She has committed perjury by knowingly making a false statement under oath.
Clear subornation (Article 131b):
The accused in that court-martial called the witness beforehand and said, “Tell them you didn’t see anything. I’ll make sure you’re rewarded.” The witness then testified falsely. The accused suborned perjury by inducing the false testimony.
Both offenses together:
A service member is accused of theft. Their friend witnessed the theft but agrees to lie to protect them. The accused tells the friend exactly what to say. At trial, the friend testifies falsely under oath.
Witness: Article 131 perjury (made the false statement)
Accused: Article 131b subornation (induced the perjury)
Both face charges for the same false testimony.
Methods of Subornation
Subornation can occur through:
Persuasion. Convincing someone to lie based on friendship or loyalty.
Threats. Intimidating someone into lying.
Bribery. Paying someone to testify falsely.
Coaching. Telling someone exactly what to say, knowing it’s false.
Appeals to emotion. Playing on sympathy or fear to obtain false testimony.
Any method that successfully induces perjury constitutes subornation.
Punishment Comparison
Article 131 (Perjury):
Dishonorable discharge, forfeiture of all pay and allowances, confinement for 5 years
Article 131b (Subornation of Perjury):
Dishonorable discharge, forfeiture of all pay and allowances, confinement for 5 years
The punishments are identical, reflecting that causing perjury is as serious as committing it.
The Attempt Question
Attempted subornation: If someone tries to induce perjury but the witness refuses and testifies truthfully, the suborner may face attempted subornation charges.
Failed perjury: If someone lies but the lie is discovered before affecting the proceeding, perjury may still be charged.
Incomplete schemes: Article 80 (attempts) can apply when subornation is attempted but fails.
Defenses
For perjury:
The statement was true
No oath was administered
The statement wasn’t material
The witness didn’t know the statement was false
The proceeding wasn’t competent
For subornation:
No inducement occurred
The accused didn’t intend to cause false testimony
The testimony induced wasn’t actually false
The perjury wasn’t actually committed
The witness decided independently to lie
Proving Subornation
Subornation cases require proving:
Communication. Evidence of contact between suborner and witness.
Content. What was said or agreed regarding testimony.
Causation. That the suborner’s actions led to the perjury.
The underlying perjury. All elements of the witness’s perjury.
This often requires testimony from the perjurer (who may be cooperating) or documentary evidence.
Witness Cooperation
Perjurers often become witnesses against suborners:
Plea agreements. Witnesses may plead to reduced charges in exchange for testifying against the person who induced their perjury.
Immunity. Sometimes witnesses receive immunity to testify about who made them lie.
Credibility issues. A witness who admits lying faces credibility challenges but may still be believed about who induced the lies.
The perjurer’s testimony against the suborner is often key evidence.
Related Offenses
Subornation often accompanies:
Obstruction of justice (Article 134). The broader effort to impede justice.
Witness tampering. Pressuring witnesses generally.
Conspiracy. If multiple people planned the false testimony.
The underlying offense. The crime the false testimony was meant to conceal.
A scheme involving false testimony typically generates multiple charges.
Practical Implications
For witnesses:
Never agree to testify falsely, regardless of who asks
Report attempts to induce false testimony
Truthful testimony protects you from perjury charges
For parties to proceedings:
Never ask anyone to lie for you
Preparing witnesses doesn’t mean telling them what facts to claim
Subornation charges add to your problems, they don’t solve them
Frequently Asked Questions
If I asked a witness to “help me out” in testimony but didn’t explicitly tell them to lie, can I be charged with subornation?
Context matters significantly. Subornation requires inducing someone to commit perjury. If “help me out” is understood by both parties to mean lying, that’s potentially subornation even without explicit instruction to lie. Courts examine what was communicated, how it was understood, and what the witness actually did. Vague language doesn’t automatically protect you if the intent and effect were to induce false testimony. However, legitimate witness preparation (reviewing what actually happened, discussing anticipated questions) isn’t subornation if you’re helping them remember and present the truth. The line is between helping someone testify truthfully and causing them to testify falsely.
What if the witness was going to lie anyway and I just went along with it?
If the witness independently decided to lie without your inducement, you didn’t suborn perjury. Subornation requires that you caused, induced, or procured the perjury. However, if you encouraged, confirmed, or reinforced their plan to lie, you may have participated in the subornation. Going along with a plan to present false testimony, even if not your original idea, can make you culpable. Additionally, knowing perjury is planned and not reporting it might implicate you in obstruction of justice even if not technical subornation. The safest response to learning someone plans to lie is to report it and distance yourself.
Can I be charged with both perjury and subornation of perjury?
Not for the same testimony. If you testified falsely, you committed perjury (Article 131). If you induced someone else to testify falsely, you committed subornation (Article 131b). You can’t suborn your own testimony. However, if you both testified falsely yourself AND induced another witness to testify falsely, you could be charged with perjury for your testimony and subornation for inducing the other witness. Each false statement or induced statement could be a separate charge. Multiple false statements by you would be multiple perjury counts; multiple witnesses you induced would be multiple subornation counts.